Gordon and Wong

Speaking of good articles...

NYT Op Ed calls for Civil Gideon

Commentary on the Vicki Iseman lawsuit

Here's some real health care reform: Civil Gideon for indigent patients

Will tort “reformers” attack this $900 million dollar lawsuit like they did the $54 million pants lawsuit?

New administration, new shot at consumer protection?

For renters facing eviction due to landlord's foreclosure

This Bextra lawsuit shows the injustice in preempting lawsuits against pharmaceuticals

New Coverage of Bush Admin's end run around Consumer Justice

Economic crisis freezes civil justice system

Federal Court in New Jersey Rules That FAA Preempts Rule Against Class Waivers in Arbitration Agreements

Eighth Circuit Upholds Class Waiver Where Arbitration Agreement and Statutory Fee-Shifting Provision Would Allow Claimant to Recover Her Attorney Fees

California Law Allows Parties to Contract for Heightened Judicial Review of Arbitration Awards

Court Upholds Class Waiver in Wireless Service Agreement Because Customer Had "Meaningful Opportunity" to Reject the Agreement

Texas Court of Appeals: Parties Cannot Obtain Heightened Judicial Review by Arguing That Arbitrator Exceeded Their Powers

Arbitrator Did Not Exceed Powers by Applying Equitable Principles and Excusing Noncompliance with Notice-and-Cure Provision

Arbitration Rules Provided Legal Basis for Attorney Fees Award By Authorizing Arbitrator to Grant Any "Just and Equitable" Relief

Party Who Received Notice of Arbitration But Did Not Object Can Not Raise Post-Award Challenge to Existence of Arbitration Agreement

Colorado Law Permits Attorney-in-Fact to Agree to Arbitration on Behalf of Nursing Home Resident

Sexual Assault Claim Falls Outside the Scope of Employee's Arbitration Agreement

Louisiana Court Holds That FAA Deadline for Challenging Award Does Not Preclude Party from Arguing No Arbitration Agreement

FAA Preempts Texas Law Imposing Special Conditions on Agreements to Arbitrate Personal Injury Claims

FAA Does Not Apply to Mediation Agreements

FORUM Code of Procedure Authorizes Arbitrators to Sanction Parties Who Bring Frivolous Claims

Federal Court Honors Choice-of-Law Provision and Upholds Class Waiver Under Virginia Law

Third Circuit Finds No Procedural Unconscionability Where Employee Agreeing to Arbitrate Was Highly Educated

California Court Finds That Parties Cannot Contract for Heightened Judicial Review of Arbitration Awards

Sixth Circuit Holds That Non-Signatories Have No Right to Interlocutory Appeal of Order Denying Arbitration

Arkansas Federal Court Finds That FAA Preempts Mutuality Requirement

Under Missouri Law, Wrongful Death Claims Now Arbitrable Under Decedent's Arbitration Agreement

Reference to Arbitration Rules Proves Parties' Intent to Submit Arbitrability Questions to Arbitrator

Arbitrator Exceeded His Powers by Disregarding Parties' Instructions to Apply Wisconsin Law

Supreme Court Holds That FAA Grounds for Vacatur Are Exclusive

Federal Arbitration Act Preempts Oklahoma Law Disallowing Arbitration Agreements in Nursing Home Contracts

Seventh Circuit Upholds Arbitrator's Award of Equitable Relief

Supreme Court Grants Cert to Answer Lingering Question on Permissible Scope of Union-Negotiated Arbitration Agreements

Termination of Employee for Refusing to Execute an Arbitration Agreement Covering Pending Claims Held "Retaliatory" by Eleventh Circuit

Supreme Court Holds That "Judge Alex" Must Arbitrate Dispute with Alleged Talent Agent

North Carolina Supreme Court Finds Arbitration Cost-Prohibitive Where Agreement Required Losing Party to Pay for Arbitral Appeal

Arbitration Agreements "Part of the Bargain" If Conspicuous or Brought to Attention Elsewhere in the Contract

Under Mississippi Law, Health Care Surrogates Have Statutory Authority to Agree to Arbitration

Law Firm Did Not Waive Right to Arbitrate by Filing Collection Lawsuit

Ninth Circuit Finds Class Waiver Unenforceable Under Washington Law

Pennsylvania Supreme Court Finds No Federal Preemption of State's Thirty Day Limit on Challenging Arbitration Awards

Party Waived Challenge to Validity of Arbitration Agreement by Not Appearing in Court or Arbitration

Agreement to Arbitrate Must Be Mandatory To Be "Health Care Decision" Under Mississippi Statute

Arbitration Rules Preserve Arbitration Agreement by Allowing Claimant to Avoid Unaffordable Costs

Arbitrators' Lack of Information Does Not Constitute "Mistake" That Would Warrant Award Modification

Awareness of Underlying Contract Along with Access to Its Terms Sufficient to Prove Existence of Arbitration Agreement

Notice Deficiencies Render Class Waiver Unenforceable Under Massachusetts Law

Prohibition on Written Opinions Renders Employee's Arbitration Agreement Unenforceable

Party Fails to Preserve Issue of Arbitrability by Not Objecting to Arbitration Proceeding

Federal Court Grants Comity to Tribal Court's Vacatur of Arbitration Award

Three-Month Deadline for Challenging Award Started to Run When Award Was Placed in the Mail

Power of Attorney for Health Care Decisions Authorized Attorney-in-Fact to Enter Arbitration Agreement

Upholding Class Waiver Under Texas Law Did Not Violate Public Policy of Washington

Award Confirmation Does Not Require Signed Agreement

Ninth Circuit Finds Class Waiver Unenforceable Under California Law

Dispute Arising from "Deep Throat" Revelation Must Be Arbitrated

Nonsignatory Fails in Attempt to Compel Arbitration of Dispute Arising from Separate Agreement

Inventorship Disputes Can Be Resolved Through Arbitration

Good Faith Appeal from Order Denying Arbitration Precludes Further Discovery

Party Waived Right to Arbitrate By Misleading Court on Terms of Proposed Settlement

New Mexico Court Honors Texas Choice-of-Law Provision in Upholding Arbitration Agreement

Arbitrator Must Decide Whether Party Complied with Conditions Precedent to Arbitration

Oregon Court Relies on AAA's Class Arbitration Policy in Holding That Arbitration Agreement Permits Class-Wide Proceedings

Second Circuit Finds "Evident Partiality" Where Arbitrator Attempted to Preserve Neutrality by Not Investigating a Potential Conflict

Proper Mailing of Arbitration Agreement Creates Presumption of Receipt

Federal Court Honors Choice-of-Law Provision and Upholds Class Action Waiver Under Texas Law

Arbitrator Exceeded His Powers by Disregarding Contractual Mandate to Award Attorney Fees to the Prevailing Party

Doctrine of "Complete Preemption" Creates Federal Jurisdiction over Petition to Compel Arbitration

Arbitrator, Not Court, Must Decide Whether Arbitration Proceedings Should Be Consolidated

New Jersey Arbitration Act Expressly Permits Parties to Contract for Heightened Judicial Review

Operator of Virtual World "Second Life" Must Resolve Real World Dispute in Court

California Law Does Not Allow Parties to Challenge Arbitration Awards Beyond the Statutory Deadline

Colorado Supreme Court Rejects "Intertwining Doctrine" As Basis for Denying Arbitration

New Jersey Federal Court Applies Utah Law in Upholding Bar on Class-Wide Proceedings

Disclosure of Early Neutral Evaluation Violated Court's ADR Rules

Fifth Circuit Upholds Arbitration Agreement in Employment Dispute

Alabama Supreme Court Finds "Clear and Unmistakable" Evidence of Intent to Arbitrate Questions of Arbitrability

Arbitrators Exceeded Their Authority by Ignoring Clear Language of Contract

Class Action Waiver Upheld Under D.C. Law

Ninth Circuit Implicitly Adopts Rebuttable Presumption of Procedural Unconscionability, but Only for Employee Contracts

Ohio Supreme Court Preserves Arbitration Agreement by Severing Provision for Heightened Review

Presumption in Favor of Arbitration Does Not Extend to Jury Trial Waivers

Court Can Delve into Merits of Arbitrable Dispute When Party Seeking Arbitration Requests Ruling on the Merits

Eleventh Circuit: Federal Courts Have Jurisdiction Over a Petition to Compel Arbitration If Underlying Dispute Presents Federal Question

Court Refuses to Enforce Arbitration Agreement Because AHLA Arbitration Rules Elevated the Claimant's Evidentiary Burden

Claim of Duress Raised a Question for the Arbitrator, Not the Court, Because Alleged Duress Related to the Contract As a Whole

Connecticut Supreme Court Upholds AAA Arbitration Award Despite Vacancy on Arbitration Panel

Federal Court Follows Majority Rule and Stays Further Proceedings Pending Appeal from Order Denying Arbitration

Lack of Mutuality Does Not Necessarily Invalidate an Arbitration Agreement Under Oregon Law

Federal Court Upholds Class Action Waiver Under Arkansas Law

Lack of Mutuality and Limitation on Damages Render Arbitration Agreement Unenforceable Under South Carolina Law

California Court Honors Delaware Choice-of-Law Provision in Upholding Agreement to Arbitrate

Fourth Circuit: Validity of Class Action Waiver Is a Procedural Question for the Arbitrator, Not a Gateway Issue for the Court

Arbitration Agreement Governs Underlying Contract Rejected by Bankruptcy Debtor

Kentucky Savings Statute Tolls Deadline for Challenging Arbitration Award

Frivolous Challenge to Arbitration Award Triggers Sanctions

Maryland Court "Stands Firm in the Majority" of Courts Upholding Class Action Waivers

Court Rejects Unconscionability Challenge to Arbitrator's Determination That Class-Wide Proceedings Were Unavailable

California Court Finds That Husband Did Not Have Statutory Authority to Enter Arbitration Agreement on Wife's Behalf

Second Circuit Precedent Allows Courts to Grant Provisional Remedies When International Arbitration Is Pending

Court Finds That Arbitration Can Advance Policy Embodied by Antihazing Statute

Employee Cannot Intervene in EEOC Enforcement Lawsuit If Discrimination Claims Are Subject to Arbitration

ADR Provision Remains in Force After Termination of Underlying Contract

Florida Law Does Not Allow Interlocutory Appeal from Order Vacating Arbitration Award

NASD Arbitration Rules Do Not Allow Class Action Waivers

Florida Courts Remain Split on Who Decides Enforceability of Liability Limitations: Judge or Arbitrator?

Broad Arbitration Clause Empowers Arbitrator to Decide All Disputes, Including Enforceability of Exculpatory Clause

Arbitrator Decides Challenge to Underlying Contract Whenever FAA Governs Arbitration Clause

Arbitrator Exceeded Powers by Awarding Treble Damages When Claimant Only Sought Actual Damages

Core Bankruptcy Proceeding Disputes Are Arbitrable

Arbitrator's Award Was Sufficiently Detailed to Satisfy the Parties' Agreement That the Arbitrator Must Issue a "Reasoned" Award

California Federal Court Honors Choice-of-Law Provision and Upholds Class Action Waiver

Non-Signatory to Arbitration Agreement Must Object to Jurisdiction Before Award Is Issued

Arbitrators Exceeded Their Powers by Awarding Fees in Contravention of the Parties' Agreement

Nonsignatories Under the Doctrine of Equitable Estoppel Enjoy FAA Right of Appeal

Federal Court Treats "Infancy Doctrine" As a Question for the Court to Determine Existence of Arbitration Agreement

Eighth Circuit Upholds Arbitration Award over Public Policy Challenge

Arbitration Agreement Continues in Effect After Expiration of Underlying Contract

Fifth Circuit Holds That Arbitration Clause in Settlement Agreement Between Seaman and Employer Is Covered by FAA

Court Rejects Unconscionability Challenge to Nursing Home Arbitration

Missouri Court: Motions to Compel Arbitration Will Not Be Granted Unless Served on Opposing Party Within a Reasonable Time

Challenge to Arbitration Award Must Be Timely

Court Orders Arbitration of Derivative Action Pursuant to Shareholders' Arbitration Agreement

Federal Court in Colorado Upholds Bar on Class-Wide Proceedings

Mississippi Supreme Court Upholds Agreement to Arbitrate Questions of Arbitrability

Party Can Seek an Order Compelling Arbitration When Opposing Party Refuses to Arbitrate in Designated Locale

Arbitrator Must Decide Whether a Party Has Waived Right to Arbitrate, Unless Alleged Waiver Is Based on Litigation Conduct

Seventh Circuit: FAA Does Not Require Court to Stay Entire Case When Only Some Issues Are Subject to Arbitration

Texas Federal Court Overturns Arbitral Award Based on Parties' Agreement for a Heightened Standard of Review

Limited Right of Modification Makes Arbitration Agreement Fair and Enforceable

Challenge to Validity of the Contract As a Whole Must Go to the Arbitrator

Receipt of Medicaid Payments Triggers Application of Federal Arbitration Act to Employment Dispute

Sixth Circuit Concludes Arbitrators Did Not Exceed Powers and Upholds Summary Arbitration Award

Fifth Circuit Upholds Finality of Arbitration by Rejecting Nondisclosure of Trivial Relationships As a Basis for Vacatur

Individual Members of Group Health Plan Are Entitled to Arbitration Disclosures Required by California Law

California Courts Are Split on Whether Opt-Out Provision with Delayed Consequences Ensures Enforceability of Class Action Waiver

California Law Governing Attorney-Client Fee Disputes Preempts Binding Arbitration Under State Law, but May Not Under FAA

Under Texas Law, Unconscionability Challenge to Arbitration Agreement Requires Proof of Procedural and Substantive Unconscionability

California Courts Lack Authority to Order Mediation in Some Cases

Workers' Compensation Claim Falls Within Employee's Arbitration Agreement

Oklahoma Supreme Court Diverges from Majority Rule in Holding That the FAA Did Not Apply to a Nursing Home's Arbitration Agreement

Court Cannot Proceed to Trial While Question of Arbitrability Is Under Appeal

Texas Supreme Court Allows Nonsignatories to Claim Benefits of Arbitration

Arbitrator Can Exceed Powers by Committing an Error of Law

Under California Law, Direct Expression of Binding Intent Is Necessary to Exempt Settlement Agreement from Mediation Confidentiality

Mediated Settlement Terms Gave Party Enforceable Seven-Day Right of Revocation

Fifth Circuit Reaffirms Pro-Arbitration Federal Policy and Upholds "Expansive" Arbitration Agreement

Georgia Supreme Court Holds That Prior Arbitration Award Has Res Judicata Effect

Arbitration Moves Forward Even Though Claimant Invoked Right Against Self-Incrimination

Inclusion of Person's Name on Contract Did Not Alone Prove Assent to Arbitration Agreement

Ninth Circuit Splinters on Proper Application of Buckeye

Louisiana Court Rejects Manifest Disregard of the Law as a Basis for Challenging Arbitration Awards

Court Enforces Arbitration Agreement Absent Specific Evidence That Arbitration Costs Are Excessive and Deter Individual Claims

Frivolous Challenge to Arbitration Award Triggers Sanctions

No Amore for Italian Film Distributor Who Waived the Protections of a California Statute Governing International Arbitration

Despite Conflicting Procedures, Separate Arbitration Provisions Still Show Intent to Arbitrate

Federal Court Upholds Credit Card Arbitration Agreement Formed by Change of Terms and Subsequent Use

Courts Will Not Consider Allegations of Arbitrator Bias Until Award Is Issued

Court Upholds Arbitration Award Finding Employer Liable for Discrimination

Confidentiality Protections Apply to Hybrid Procedure Consisting of Arbitration and Mediation

California Federal Court Stays Litigation While Ninth Circuit Decides Issue of Arbitral Class Waiver

Lack of Evidence Is Fatal to Motion to Vacate an Arbitration Award

Arbitrator Exceeds His Powers by Committing Legal Error

California Court Errs by Holding Hearing After, Not Before, Motion to Compel Arbitration

Nonsignatory Must Arbitrate if Receiving Direct Benefits From the Underlying Contract

Indiana Court Refuses to Follow FTC's "Unreasonable" Position on Arbitration of Warranty Claims

FAA Preempts Nebraska Law Requiring Conspicuous Notice of Arbitration Clause

Court Upholds Arbitration Agreement Formed by "Clicking" Acceptance

California Federal Court Upholds Arbitration Agreement Containing Class Action Waiver

Broad Arbitration Clause Covering Future Timber Disputes Remains in Force Years After Harvest

Individual Investor Recoups Losses at Arbitration

Florida Supreme Court Affirms Arbitrator's Authority to Decide Timeliness Defenses

Michigan Court Applies Rational Basis Test to Arbitrators' Award

Arbitrators Have Full Authority to Grant Summary Judgment

Thoroughbred Arbitration Award Has Racehorse Owner Out of Joint

Arbitration Agreement Does Not Support Exercise of Personal Jurisdiction for a Lawsuit By a Nonsignatory

Arbitration Agreements in Loan Documents Need to Exhibit Mutual Obligations to Arbitrate Claims

Employee Prevails in Attempt to Submit Employment Dispute to Arbitration

Court Strongly Endorses Use of Arbitration for Sarbanes-Oxley Employment Claims

Tenth Circuit Holds That Continued Employment Constitutes Assent to Arbitration Agreement

Illinois Supreme Court Supports Class Arbitration Waivers Where Consumers Can Opt Out or Have Affordable Arbitral Remedy

Claims Related to Embezzlement at Law Firm Arbitrable Even With Questionable Litigation Carve Out

California's Mediation Confidentiality Rule Does Not Bar Evidence of Oral Settlement Agreement Reached at Mediation

Arbitration of Fee Dispute and Res Judicata Bar Subsequent Malpractice Lawsuit by E Street Ex

Confidentiality Agreement Protects Statement Made at Mediation

Arbitration Agreement Survives Buyer's Attempt to Undo the Sales Transaction and Covers Non-Signatory Collection Agency

Arbitration Award Bars Subsequent RICO Action Under Doctrine of Res Judicata

First Circuit: There Is No Manifest Disregard Unless the Arbitrator Expressly Disregards the Applicable Substantive Law

Court May Modify Execution of Terms, but not Substance, of Foreign Arbitration Award

Arbitrator Exceeded Authority by Awarding More Than Amount Requested

Fifth Circuit Holds That Arbitration Clause in Insurance Policy Applies Only to Disputes Involving the Insurer, and Not Between Insureds

Tennessee Court Follows "Vast Majority of State and Federal Courts" by Upholding Waiver of Class-Wide Proceedings

Federal Court Says National Arbitration Forum's Arbitral Procedures Ensure the Selection of a Neutral Arbitrator

Arbitrators With Specific Authority Can Issue Supplemental Awards, Says NJ Court

Tenth Circuit: Federal Courts Have Authority to Order Arbitration Outside Their District

Party Does Not Waive Right to Arbitrate by Filing Lawsuit Unless There is Prejudice to the Opposing Party

In California, Parties Can Contract for Judicial Review of Arbitrator's Misapplication of the Law By Using "Magic Words"

Parties' Submissions Expand Arbitrator's Authority

Alabama Supreme Court Says Arbitration Rules Must Provide For Award of Punitive Damages

Arbitration Provides Consumers a Full Range of Legal Remedies